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Shareholder Dispute No Shareholder Agreement

19:12 7.10.2021 Napsal: petr.stibor

In the absence of such a document, there is a high risk of potential conflicts between shareholders. It`s best to understand what happens if there`s no deal before investing in a business. Even if the shareholders who draw up the agreement are exposed to the same risk, the existence of such a document helps them to overcome a conflict more quickly and easily. For example, a shareholders` agreement is particularly useful in companies where shares are held equally (50% to 50%). A shareholder wishing to impose commitments in the articles of association or shareholders` agreement may also face the practical challenge of proving his loss in the event of an infringement. This can be a major obstacle if the measures to be taken are clearly in the best interests of the company. In such circumstances, a minority shareholder may need to consider legal proceedings and an injunction to prevent a decision. Whether or not shareholders are able to enforce subscription rights, a company may, according to the appropriate procedure, make a formal subscription rights issue/subscription offer. This could be used to dilute an inactive shareholder when the company requires new investments and other shareholders subscribe to shares at a certain valuation set out in the letter of offer. This is obviously based on the premise that the inactive shareholder does not wish to invest more money in the company to maintain his participation and will pass on the possibility of subscription to its award, as indicated in the letter of offer. Most shareholders want to ensure that another shareholder of the same company cannot sell their shares to third parties without offering the shares to the company`s existing shareholders. The calculation of share sale prices is also important for existing shareholders. As a general rule, shareholders wish to provide in the agreement for a mechanism for closing a sale of shares.

Based on our experience of similar situations, the case likely had consequences beyond those described in the judge`s opinion. On the one hand, the dispute probably destroyed the personal and professional relationships that brought the partners together. .